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When someone is arrested in the United States, they are usually given the opportunity to pay a bail amount in order to be released from jail. However, this doesn’t mean that their crimes have been forgiven. It merely allows them to return home, take care of personal matters and continue their life while they await trial. If they show up to their trial, then the full bail amount will be returned regardless of the outcome of the trial.
However, bail amounts can be set quite high, so it’s uncommon for people to pay the full amount of their bail. Instead, it’s more common for people to rely on bail bond agents. These agents assist by entering a financial agreement known as a bail bond with the defendant. In exchange for a fee and a portion of the full bail amount (usually 10%), the bail bond agent will agree to pay the full bail amount so that the defendant can be released.
Bail bond agents play a crucial role in the bail system in the United States. However, their role can often be misunderstood, potentially leading to misunderstandings in what they can or cannot do. One of the most common questions we see is: can a bail bondsman make arrests in San Diego?
Understanding the Role of Bail Bondsmen in San Diego
In San Diego, a bail bondsman (also known as a bail bond agent) provides a financial service known as a bail bond to people who are unable to post the full amount of their bail that the court has set.
This service is usually available for a fee, and the defendant is typically required to pay around 10% of the full bail amount. If these conditions are met, the bail bondsman will guarantee the court that the defendant will appear for all of their scheduled court dates.
What Happens if a Defendant Fails To Appear in Court?
If the defendant does not appear in court on the scheduled date, then it’s possible that the court will issue a bail forfeiture order. This means that a bail forfeiture hearing will be scheduled for a later date.
During this hearing, the court will discuss the defendant’s absence and will decide if the bail will be lost to the court. If there is a reason for the defendant’s absence, such as being physically unable to appear or having a family emergency, then the court may decide to reinstate the bail and the defendant will be given another chance to appear in court.
However, if the court rules that the defendant purposely refused to show up, then a warrant for their arrest will be issued. In addition, the bail amount will be lost, even if it was a bail bondsman who paid it. This effectively means that the bail bond agency loses this money, and will be forced to try and collect it from the defendant.
Can a Bail Bondsman Make an Arrest?
In most cases, a bail bondsman will hire the services of a headhunter or rely on local authorities to help apprehend a defendant that has refused to show up in court. They may even pursue legal action in order to collect their money.
However, it’s also possible for a bail bondsman to make an arrest themselves.
The legal precedent for this was established during a U.S. Supreme Court case in 1873 known as the Taylor v. Taintor case. The ruling on this case was that bail bondsmen could use virtually any means at their disposal to find and apprehend an individual who was trying to escape a trial appearance.
Even if a defendant was working with a Las Vegas personal injury lawyer to settle a case outside of San Diego, bail bond agents would have the authority to travel to another state to pursue and apprehend them. They’re also allowed to use reasonable force to bring defendants before the court, and they’re even allowed to enter private residences if they have been given a warrant from a judge.
Limitations of a Bail Bondsman’s Authority
While a bail bondsman can make arrests related to their bail bond contracts, they’re still not considered law enforcement agents. As such, they’re only able to apprehend defendants who have violated their bail agreements. They’re not allowed to make arrests or engage in other law enforcement activities that are unrelated to their bail bond agreements.
In addition, for a bail bond agent to enter a private residence, they must first obtain a warrant from a judge. If they don’t have a warrant, then they’re not allowed to enter the property and must respect private property boundaries.
Bail Bond Agents Must Follow the Law During an Arrest
In order for a bail bond agent to make an arrest, they must act carefully and follow the law.
Firstly, the bail bond agent can only pursue a defendant if they have violated the terms of the bail bond agreement. For instance, if they fail to appear in court on a scheduled date, then the bail bondsman will be able to pursue them. However, other conditions may also be set by the court. The court will issue a bench warrant for the defendant’s arrest, and this tells the bail bond agent that they now have the authority to pursue and apprehend the defendant.
The bail bond agent will then decide if it’s worth pursuing a defendant themselves, or if it’s better to hire a bounty hunter. They can then use any information and resources at their disposal to locate the defendant, such as speaking with the defendant’s friends and family members.
To make an arrest, the bail bond agent must identify themselves to the defendant. Bail bond agents in San Diego carry identification cards that can be shown to the defendant if they don’t know who they are. After the arrest is made, the bail bondsman is responsible for safely transporting the defendant who will be transferred to the appropriate authorities.
